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PR card Expires before the 730 days required

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,204
Visa Office......
London
App. Filed.......
06/12
Landed 16 june 2015, PR expires 03 Sep 2020...only spend 5.5 month inside canada...was making my mind go back by mid jan 2019.....
PR card expiry is irrelevant. You are either already in violation of the Residency Obligation or will be within the next few days.
 
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canuck78

VIP Member
Jun 18, 2017
55,294
13,428
Landed 16 june 2015, PR expires 03 Sep 2020...only spend 5.5 month inside canada...was making my mind go back by mid jan 2019.....
You will have to return and hope you don't get reported and then remain in Canada until you finish your RO or else you ask getting reported every time you try to enter.
 

amro1001

Newbie
Nov 12, 2018
9
0
You will have to return and hope you don't get reported and then remain in Canada until you finish your RO or else you ask getting reported every time you try to enter.
If I already violated the requirments, it will make difference if I volidated by 2 weeks, or 2 month , or 6 month? the risk increase as I violated more time?
 

amro1001

Newbie
Nov 12, 2018
9
0
PR card expiry is irrelevant. You are either already in violation of the Residency Obligation or will be within the next few days.
but in this link http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4

it just says "To maintain your status as a permanent resident, you must live in Canada for at least two years within a five-year period" nothing about what you are saying!..it makes sence to stay at least two years withing 5 years period which is valid to card expiry date!... many people will now know about whatever you are saying!...is this good excuse to tell the officer in case he ask me? in addtion to my old parents? also I have corporation in Canada with two partners, I was doing work for it while I was away!
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,204
Visa Office......
London
App. Filed.......
06/12
but in this link http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4

it just says "To maintain your status as a permanent resident, you must live in Canada for at least two years within a five-year period" nothing about what you are saying!..it makes sence to stay at least two years withing 5 years period which is valid to card expiry date!... many people will now know about whatever you are saying!...is this good excuse to tell the officer in case he ask me? in addtion to my old parents? also I have corporation in Canada with two partners, I was doing work for it while I was away!
Pretty obvious that the 5 year period starts the day you become a PR. Your failure to understand your obligation is not a valid excuse.
 

amro1001

Newbie
Nov 12, 2018
9
0
Last year when I checked in inside Canada.....I used that automated immigration check-in, the officer just had a glance on my card as I was passing through the gate...this can increase your chances going inside canada without being questioned...but I remmber the card had a big code printed on it but the machine after i entered my details....What the meaning of this code? It can show that you did not meet the requirements?
 

dpenabill

VIP Member
Apr 2, 2010
6,421
3,163
I do not know what triggers further PoE scrutiny for PRs who have a valid PR card and use the automated kiosks. Obviously, CBSA utilizes some rule-driven fact-based criteria, and these probably include some random as well as relatively low-threshold risk factors. My strong sense is that any PR might encounter additional questioning on any given occasion when returning to Canada, even though the vast majority of the time PRs will sail through the PoE process easily and without being questioned as to PR Residency Obligation compliance (in all the years I was a PR and returned to Canada many times each year, I never once was asked a single question about RO compliance, but, I'd suggest, it was obvious I was living in Canada and easily in compliance, as MOST returning PRs are).

BUT sure, almost certainly, CBSA has and applies screening methods for identifying if and when a given PR should be asked questions about RO compliance.

Thus, there are a variety reasons why and various ways in which a PR might be referred to a Secondary examination involving inquiries related to PR Residency Obligation compliance. Ranging from some more or less random circumstances to circumstances rather obviously raising questions about RO compliance.

If, for example, a PR was last in Canada YEARS ago, that invites some questions about the PR's presence relative to RO compliance. Indeed, if the PR appears to have been outside Canada for THREE or more years, that on its face appears to be a breach of the PR RO unless an exception credit applies (PR abroad accompanying Canadian citizen spouse for example).

It is apparent that a PRs previous history of entries somehow factors into the screening process, be that merely a manual, visual display of most recent entry dates or a logarithm-driven electronic screening program. In any event, contrary to what many seem to recognize, certain travel patterns tend to be readily identifiable. Some of the IAD cases suggest, for example, that CBSA has identified RO breaches based on a pattern of travel indicating returning to Canada for short visits and otherwise being abroad for extended periods . . . and this has, in effect, caught some PRs who were in breach when they were returning to Canada with a first PRC which is still valid for more than another year.

It warrants noting, too, that what is COUNTED in CALCULATING compliance is one thing. WHAT might trigger CBSA or IRCC to ask questions or have concerns about a PR's RO compliance can be many things, including as I just noted, a pattern of travel suggesting living abroad and spending only brief periods of time in Canada.

Arrival at a PoE without a valid PR card, for another example, increases the risk a CBSA official will at least make preliminary inquiries to discern if there is cause for a RO compliance examination.

As others have noted and emphasized, for purposes of the RO CALCULATION itself the date a PR card expires is NOT RELEVANT. All that is relevant is how many days the PR has outside Canada during the RELEVANT FIVE YEARS.

The relevant five years is either:

-- from date of landing to date of fifth year anniversary of landing, if the PR landed less than five years ago; if days outside Canada during this five year period exceed 1095, the PR is in breach of the RO (since being outside Canada for 1095+ days during this period means it is NOT possible to be IN Canada at least 730 days during the FIRST five years following landing)

-- the five years immediately preceding the date of the examination, whatever date that is, for any PR after the fifth year anniversary of landing​


Many times the PR's FIRST PR card will expire approximately five years plus a month or three or so after the date of landing. So the expiration date on the card can be a CLUE. That is, it can make a difference in whether a CBSA officer sees reason to ask about RO compliance. In particular, a first card which is still valid for another two plus years is a strong indicator there is NO reason to question RO compliance (there is plenty of time left for the PR to meet the RO). IN CONTRAST, when a PR arrives at a PoE after being absent for two years or more, and presents a PR card which expires somewhat soon, the circumstances suggest (to an officer paying attention) the possibility of a RO compliance concern which warrants at least asking some related questions. And, if preliminary responses suggest the need for a more detailed examination, the PR may be asked to complete a written questionnaire (as to residency related details).

SUMMARY: There are way, way too many variable circumstances which might signal cause for a CBSA officer to make RO compliance inquiries, to attempt enumerating them. BUT once such inquiries are being made, once the PR's compliance with the RO is being examined, the expiration date on the PR card is NOT relevant. Again, what is relevant is how many days the PR has been in or out of Canada during either the first five years, or after the fifth year anniversary, during the five years immediately preceding the day of the examination.
 

amro1001

Newbie
Nov 12, 2018
9
0
In case I get caught in the Airport, will it be a strong case that I am one of the three founders of a corporation in Canada? While I was away from Canada I was working from abroad online, We import goods from Canada and sell online, revenue not high( like 4K canadain dollars a month), but we serious about it?
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,204
Visa Office......
London
App. Filed.......
06/12
In case I get caught in the Airport, will it be a strong case that I am one of the three founders of a corporation in Canada? While I was away from Canada I was working from abroad online, We import goods from Canada and sell online, revenue not high( like 4K canadain dollars a month), but we serious about it?
No.
 

dpenabill

VIP Member
Apr 2, 2010
6,421
3,163
I have a question. Can you still apply for a job with an expired PR?
I assume the real question is about whether a PR can work in Canada without a valid PR card. As long as PR status has not been terminated and the individual has a SIN, the individual is NOT prohibited from working in Canada.

Otherwise, apart from the fact that anyone can apply for a job, even if NOT at all qualified, what this or that individual employer requires as part of the qualifications to be hired for a particular job is for the employer to decide.

There should be no reason for private employers to demand evidence of valid PR status as long as the prospective (applying) PR has a valid SIN and can present a valid SIN card. But anecdotal reports in this forum indicate some PRs have encountered prospective employers who demand to see a valid PR card (and there have even been some reports of employers requiring PRs, PRs who are already an employee, to show valid PR card).
 

Marcus2117

Newbie
Jan 8, 2014
2
0
Yes that’s the real question I want to ask. Thanks for your swift reply and clarification @dpenabill.
I think employers will demand for a valid PRC. And there are some who only requires SIN.
 

funloving

Hero Member
Jun 19, 2010
514
185
Category........
PNP
Passport Req..
08-10-2013
VISA ISSUED...
12-11-2013
LANDED..........
06-03-2014
Hello,

My case is that my PR expires in June 2019 and I have lived in Canada for about 8 months in over the last 4 years. I am now living outside but wanting to come to Canada before the card expires. My fear is that will I get summoned at the airport since I have not met the requirements? It's not that I didn't want to live in Canada I tried 3 times moving there and trying to find a job but the market had been so bad for Oil n Gas that I could not find anything. I have had applied to many many jobs and had few interviews as well but nothing converted.

And it was getting very difficult to survive without a job, that's why decided to move back to my home country. But I really want to be in Canada. Please guide, if I should leave my current job and try again to move to Canada with risk being summoned.

Thanks.
 

araansari

Newbie
Jul 29, 2020
4
0
I am a Canadian PR (landed) since July 2018 with my family, where I stayed for 12 days and returned back for working and have been working till now. I was planned to move to Canada this year for good but due to COVID-19, the job market and travel restrictions have been affected because of which I am planning to go for another 2 months. Is it possible to get an extension in PR validity and if I do a couple of months this year, will I have 2 months extra prior to the end of the 2 year period in PR expiry
 

Buletruck

VIP Member
May 18, 2015
6,867
2,701
No change to the residency obligation requirements have been announced. IRCC does not grant extensions for residency obligation as the requirements are exceptionally lenient as they are.